PRINTER'S NO. 441
No. 409 Session of 1993
INTRODUCED BY HARLEY, STURLA, KUKOVICH, DeWEESE, L. I. COHEN,
MUNDY, CORNELL, STEELMAN, LINTON, PESCI, HECKLER, NICKOL,
RITTER, BISHOP, BUTKOVITZ, D. W. SNYDER, BUNT, LAUGHLIN,
RICHARDSON, VEON AND STEIL, FEBRUARY 10, 1993
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1993
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting certain individuals from
3 preventing others from entering or leaving a medical
4 facility; providing exceptions; and imposing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 5516. Harassment at medical facilities.
10 (a) Offense defined.--A person commits a misdemeanor of the
11 third degree if he knowingly and unreasonably, alone or in
12 concert with others, prevents or attempts to prevent an
13 individual from entering or leaving a medical facility by doing
14 any of the following:
15 (1) Physically detaining the individual.
16 (2) Physically obstructing, impeding or hindering the
17 individual's passage.
18 (b) Exception.--This section shall not prohibit an assembly
1 related to a labor dispute conducted in accordance with the act
2 of May 18, 1937 (P.L.674, No.177), known as the Pennsylvania
3 Labor Mediation Act, or the act of July 23, 1970 (P.L.563,
4 No.195), known as the Public Employe Relations Act.
5 (c) Penalty.--A person convicted of violating this section:
6 (1) shall be sentenced to pay a fine of not more than
7 $1,000 or to serve a term of imprisonment of not more than 90
8 days, or both, for a first offense;
9 (2) shall be sentenced to pay a fine of not more than
10 $2,500 or to serve a term of imprisonment of not more than
11 one year, or both, for a second offense; and
12 (3) shall be sentenced to pay a fine of $2,500 and to
13 serve a term of imprisonment of one year for a third or
14 subsequent offense.
15 (d) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Medical facility." A doctor's office or an agency, clinic,
19 facility or office operated under the direction or regulatory
20 authority of the Department of Health.
21 "Person." The term does not include any of the following:
22 (1) The chief executive officer of a medical facility.
23 (2) The chief executive officer's designee.
24 (3) An agent of a medical facility.
25 (4) A law enforcement officer acting within the proper
26 scope of his authority.
27 "Physically." The term does not include speech.
28 Section 2. This act shall take effect immediately.
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